Regulations of the
www.ultrasstickers.eu
online store
Ddefining, among others rules for concluding sales contracts through a store containing the most important information about the Seller, store and Consumer Rights.
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right of withdrawal
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations Annex No. 1: Model withdrawal form
§ 1 DEFINITIONS
Working days - days from Monday to Friday, excluding public holidays. Account - a free Store function (service provided electronically) regulated by separate regulations, thanks to which the Buyer may set up his individual Account in the Store. Consumer - a consumer within the meaning of the Civil Code. Buyer - any entity buying in the Store. Regulations - these regulations. Store - Ultrasstickers online store run by the Seller at www.ultrasstickers.eu. Seller - Annex Anna Goławska-Nowak, an entrepreneur running a business under the name Annex Anna Goławska-Nowak, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and running the Central Register and Information on Economic Activity, NIP: PL7343412958, ul. Henryka Sienkiewicza 88/19, 33-300 Nowy Sącz
§ 2 CONTACT WITH THE SELLER
Postal address:ul. Henryka Sienkiewicza 88/19, 33-300 Nowy Sącz
Email address: shop@ultrasstickers.eu
§ 3 TECHNICAL REQUIREMENTS
For the proper functioning of the Store you need:
device with internet access
web browser that supports JavaScript and cookies.
To place an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.
§ 4 SHOPPING IN THE STORE
The prices of goods visible in the Store are total prices for the goods, including VAT.
The Seller notes that the total price of the order consists of the price indicated in the Store: the price for the goods and, if applicable, the costs of delivery.
The goods selected for purchase should be added to the basket in the Store.
Then, the Buyer chooses from the available in the Store: the method of delivery of the goods and the payment method for the order, and also provides the data necessary to complete the order.
The order is placed when the content is confirmed and the Buyer accepts the Regulations.
Placing an order is the same as concluding a sales contract between the Buyer and the Seller.
The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium at the latest upon delivery of the goods.
The Buyer may register in the Store, i.e. set up an Account in it or make purchases without registration by providing their data with every possible order.
Foreign shipments are sent under the responsibility of the ordering person, we are not responsible for packages lost or undelivered in foreign trade.
§ 5 PAYMENTS
You can pay for your order, depending on the Buyer's choice:
By ordinary transfer to the Seller's bank account.
Through the payment platform:
Transfers 24
Paypal
Skrill
Cash on delivery, i.e. in cash, at the time of delivery of the goods to the Buyer (Only in Poland). Cash when picking up your personal good. If the Buyer chooses to pay in advance, the order must be paid within 2 business days of placing the order. The Seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is possible only immediately after placing the order. The Buyer by making purchases in the Store accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.
§ 6 ORDER COMPLETION
The seller is obliged to deliver the goods without defects.
The term of the contract is indicated in the store.
In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after payment.
In a situation where, under one order, the Buyer purchased goods with different delivery dates, the order will be processed within the time limit applicable to the goods with the longest delivery time.
Goods purchased in the Store are delivered depending on which method of delivery the Buyer has chosen:The buyer may pick up the goods in person at the company's headquarters during its opening hours.
Through a courier company
To InPost parcel machines (Only in Poland)
Own road transport
If the Buyer chooses personal collection, the goods will be ready for collection by the indicated date of order completion, and if the Seller has indicated the date of sending the goods - by this date.
Foreign shipments are sent under the responsibility of the ordering person, we are not responsible for packages lost or undelivered in foreign trade.
§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT
The consumer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
The deadline to withdraw from the contract expires after 14 days from the day:In order for the Consumer to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).
in which the Consumer came into possession of the goods or in which a third party other than the carrier and indicated by the Consumer came into possession of the goods.
in which the Consumer came into possession of the last of the things or in which a third party, other than the carrier and indicated by the Consumer, came into possession of the last of the things in the case of a contract requiring the transfer of ownership of many things that are delivered separately.
conclusion of the contract - in the case of a contract for the supply of digital content.
The consumer may use the model withdrawal form at the end of the Regulations, but it is not mandatory.
To meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract. EFFECTS OF WITHDRAWING FROM THE CONTRACT
In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from him minus the costs of delivery of the goods immediately, and in any case not later than 14 days from the day on which the Seller received the return shipment.
The seller will refund the payment using the same payment methods that were used by the consumer in the original transaction, unless the store and the consumer agree to a different solution.
The seller refrains from returning the payment until receipt of the goods.
The seller asks you to return the goods to the following address: ul. Sienkiewicza 88/19, 33-300 Nowy Sącz. Email address: shop@ultrasstickers.eu immediately, and in any case not later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the consumer sends back the goods within 14 days.
The consumer bears the direct cost of returning the goods.
§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT
The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:The right to withdraw from a distance contract is not entitled to an entity other than the Consumer.
in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs.
in which the subject of the service is an item which deteriorates quickly or has a short shelf life.
in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.
in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery.
for delivering newspapers, periodicals or magazines, with the exception of subscription contracts.
in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract.
for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.
§ 9 COMPLAINTS
In the event of a defect in the goods, the Buyer has the option of complaining about the defective goods under the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.
Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:The seller asks to make a complaint under the warranty to the postal or electronic address indicated in § 2 of the Regulations.
submit a price reduction statement
in the case of a material defect - submit a statement of withdrawal from the contract
demand replacement of the item with a non-defective one
demand that the defect be removed
If it turns out that in order to consider the complaint, it is necessary to deliver the claimed goods to the Seller, the Buyer is obliged to deliver this goods at his own expense, to the address Ultras Stickers ul. Sienkiewicza 88/19, 33-300 Nowy Sącz.
Email address: shop@ultrasstickers.eu
If the product has been given an additional warranty, information about it, as well as about its conditions, is available in the product description in the Store.
Complaints regarding the operation of the Store should be directed to the e-mail address provided in § 2 of the Regulations.
The complaint will be considered by the Seller within 14 days. EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS
In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others with:
mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595 .
assistance of a competent field-based amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of a case before an arbitration court. As a rule, the procedure is free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596 .
free help from the municipal or poviat Consumer Ombudsman.
Internet ODR platform available at: http://ec.europa.eu/consumers/odr/ .
§ 10 PERSONAL DATA
The administrator of personal data provided by the Buyer when using the Store is the Seller.
The Buyer's personal data is processed mainly on the basis of a contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.
§ 11 RESERVATIONS
It is forbidden for the Buyer to provide illegal content.
Each order placed in the Store constitutes a separate sales contract and requires a separate acceptance of the Regulations. The contract is concluded on time and to fulfill the order.
Contracts concluded on the basis of these regulations are concluded in Polish.
In the event of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
None of the provisions of these Regulations excludes or in any way limits the consumer's rights under the law.
The provisions regarding goods and the sales contract shall apply accordingly to digital content and the contract for the supply of digital content, unless the Regulations specify these issues separately.
Annex 1 to the Regulations
Below is a sample withdrawal form from which the Consumer may or may not use:
MODEL FORM OF WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract) Ultras Stickers
ul. Sienkiewicza 88/19, 33-300 Nowy Sącz.
Email address: shop@ultrasstickers.eu e-mail address: shop@ultrasstickers.eu
- I / We (*) ........................................... .......................... hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) / for the provision of the following services (*) / for the supply of digital content in the form of (*):
................................... .................................................. .................................................. .................................................. ...........................................
....... .................................................. .................................................. .................................................. .................................................. .....................
............................. .................................................. .................................................. .................................................. .................................................
- Date of conclusion of the contract (*) / receipt (*) ...................................... .................................................. .................................. - Name of Consumer (s): ...... .................................................. .................................................. .................... - Consumer (s) address: ...................... .................................................. .................................................. ................ .................................. .................................................. .................................................. ............................................
.................................................. ...........................................
Signature of the Consumer
(only if the form is sent in paper version)
Date ............................................
(*) Delete as applicable.
Account Regulations
Account regulations in the www.ultrasstickers.eu store
TABLE OF CONTENTS
§ 1 Definitions § 2 Contact with the Seller § 3 Technical requirements § 4 Account § 5 Complaints § 6 Personal data § 7 Reservations § 8 User conduct
§ 1 DEFINITIONS
Account - the free Store function (service) regulated in these regulations, thanks to which the Buyer may set up his individual Account in the Store. Buyer - any entity buying in the Store. Store - www.ultrasstickers.eu online store run by the Seller at www.ultrasstickers.eu Seller - Anna Goławska-Nowak, entrepreneur running a business under the name Ultras Stickers, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 7343412958, REGON No. 366660632, ul. Sienkiewicza 88/19, 33-300 Nowy Sącz.
§ 2 CONTACT WITH THE SELLER
Postal address: ul. Sienkiewicza 88/19, 33-300 Nowy Sącz.
Email address: shop@ultrasstickers.eu
§ 3 TECHNICAL REQUIREMENTS
For proper functioning and creating an Account, you need:
active email account
device with internet access
web browser that supports JavaScript and cookies
§ 4 ACCOUNT
Creating an Account is entirely voluntary and depends on the will of the Buyer.
The account gives the Buyer additional options, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order or editing the Buyer's data.
To set up an Account, please complete the appropriate form in the Store.
At the time of creating the Account, an agreement is concluded for an indefinite period between the Buyer and the Seller regarding the maintenance of the Account on the terms set out in these regulations.
The Buyer may cancel the Account at any time without incurring any costs.
In order to resign from the Account, please send your resignation to the Seller to the e-mail address: shop@ultrasstickers.eu, which will result in immediate deletion of the Account and termination of the Account maintenance contract.
§ 5 COMPLAINTS
Complaints regarding the operation of the Account should be directed to the email address shop@ultrasstickers.eu.
The complaint will be considered by the Seller within 14 days. EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS
In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may benefit, among others with:
mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595 .
assistance of a competent field-based amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of a case before an arbitration court. As a rule, the procedure is free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596 .
Internet ODR platform available at: http://ec.europa.eu/consumers/odr/ .
§ 6 PERSONAL DATA
The administrator of personal data provided by the Buyer when using the Store is the Seller.
The Buyer's personal data is processed mainly on the basis of a contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.
§ 7 RESERVATIONS
It is forbidden for the Buyer to provide illegal content.
The account maintenance agreement is concluded in Polish.
In the event of important reasons referred to in paragraph 4, the Seller has the right to amend these Account regulations.
Important reasons referred to in paragraph 3 are:The buyer will be notified of the planned change in the Account regulations at least 7 days before the change is implemented via e-mail sent to the address assigned to the Account.
the need to adapt the Store to legal provisions applicable to the Store's operations
improving the security of the service provided
change in the functionality of the Account requiring modification of the Account regulations.
In the event that the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the e-mail address of the Seller shop@ultrasstickers.eu, which will result in termination of the Account maintenance agreement with the entry into force of the planned change or earlier if the buyer makes such a request.
In a situation where the Buyer does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to terminate the contract in the future.
In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
None of the provisions of these Regulations excludes or in any way limits the consumer's rights under the law.
§ 8 USER CONDUCT
In using this Site, you agree to not:
upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for stickers available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or design that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
upload, download, post, email or otherwise transmit false or misleading information;
disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
frame or link to the Site except as permitted in writing by ULTRAS STICKES; or incorporate images or names that would violate a person's right of privacy or publicity.
You acknowledge that ULTRAS STICKES does not pre-screen submitted Content, but that ULTRAS STICKES and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that ULTRAS STICKES may review your order and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, ULTRAS STICKES and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to ULTRAS STICKES. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, created by or submitted to, ULTRAS STICKES. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither ULTRAS STICKES nor any other party involved with the production of any product incorporating such Content assumes that responsibility. ULTRAS STICKES's production of any product depicting your Content does not indicate that ULTRAS STICKES approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You acknowledge and agree that ULTRAS STICKES may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of StickerYou, its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree that you are responsible for actions and communications undertaken under your account. ULTRASSTICKES takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against ULTRAS STICKES and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify ULTRAS STICKES and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
You agree that you will use this Site and any stickers ordered on this Site in accordance with all applicable Poland, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
PRIVACY POLICY
Your privacy is very important to ULTRAS STICKES. Users of this Site should refer to our Privacy Policy found at www.ultrasstickers.eu for information about how ULTRAS STICKES collects and uses personal information. By accepting this Agreement you expressly consent to StickerYou's disclosure and use of your personal information as described in the Privacy Policy which is incorporated herein by reference.
§ 1 Proprietary Rights
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by ULTRAS STICKES, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content submitted to the Site. By submitting Content to ULTRAS STICKES and posting it, you grant ULTRAS STICKES a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click on agreement applies to a particular piece of Software, subject to your compliance with the terms and conditions of this Agreement, ULTRAS STICKES grants you a non-exclusive, non-transferable, non-sub-licensable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to ULTRAS STICKES (excluding your Content you submit) will automatically be deemed to be assigned, granted and transferred by you to ULTRAS STICKES upon their submission or communication to ULTRAS STICKES, and you do assign all rights therein to ULTRAS STICKES and agree that the same will automatically become the property of ULTRAS STICKES and that ULTRAS STICKES may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose ULTRAS STICKES may elect, forever.
§ 2 Intellectual Property Policy
ULTRAS STICKES respects the intellectual property rights of others. We ask our users to do the same.
ULTRAS STICKES may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify ULTRAS STICKES's Legal Department, and provide the following information ("Notice"):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
a description of the copyrighted work and/or trademark claimed to have been infringed;
a description of where the claimed infringing Content is located on our Site;
your address, telephone number, and email address
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
ULTRAS STICKES's Legal Department can be reached at: SHOP@ULTRASSTICKES.EU
WARRANTY
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ULTRAS STICKES AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ULTRAS STICKES DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY STICKERS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT STICKERYOU SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT ULTRASSTICKES DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, ULTRASSTICKES AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR STICKERS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
YOU ACKNOWLEDGE THAT ULTRASSTICKES MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ULTRASSTICKES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL ULTRAS STICKES OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, LICENSORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ULTRAS STICKES PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, MORAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ULTRAS STICKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, OR INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.